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RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of November 4, 2022 No. 618

About approval of acts in the field of compulsory insurance of civil responsibility of owners of vehicles

According to the Law of the Kyrgyz Republic "About compulsory insurance of civil responsibility of owners of vehicles", articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve:

1) the Provision of direct settlement in case of loss occurrence in the field of compulsory insurance of civil responsibility of owners of vehicles according to appendix 1;

2) Regulations on the insurance arbitrator according to appendix 2.

2. This resolution becomes effective after fifteen days from the date of official publication.

Chairman of the Cabinet of Ministers of the Kyrgyz Republic

A. Zhaparov

Appendix 1

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of November 4, 2022 No. 618

Regulations on direct settlement in case of loss occurrence in the field of compulsory insurance of civil responsibility of owners of vehicles

This Provision is developed according to the Law of the Kyrgyz Republic "About compulsory insurance of civil responsibility of owners of vehicles" (further - the Law), establishes procedure and conditions of implementation of direct settlement in case of loss occurrence in the field of compulsory insurance of civil responsibility of owners of vehicles, extends to all insurance companies of the Kyrgyz Republic.

Chapter 1. General provisions

1. In this Provision the terms specified in article 1 of the Law are used.

The costs connected with settlement of insured events - are expenses of the insurer on implementation of insurance payment, according to the extent of damage suffered, and also on the additional examinations connected with factual determination and circumstances of loss occurrence, in the amount of, not exceeding 10% of the amount of insurance payment.

2. Direct settlement is performed in case of observance of the following conditions:

1) availability of the insurance policy (the current agreement of compulsory insurance of civil responsibility) at the injured (beneficiary) and person because of whom there was insured event;

2) making of motor transportation incident in the territory of the Kyrgyz Republic as a result of which damage only is caused to property;

3) civil responsibility of owners of the vehicles insured and registered in the insurance companies of the Kyrgyz Republic having the license for the right of implementation of compulsory insurance.

If in case of the road accident one of the conditions listed in subitems 1, of 2, 3 Items 2 this provision is not carried out, direct settlement of losses on compulsory insurance of civil responsibility of owners of vehicles is not allowed.

3. Realization of the right to implementation of direct settlement does not limit the right of the victim to address the responsible insurer, with the requirement about indemnification, caused to property which arose after sight requirements according to the conditions specified in article 23 of the Law. At the same time the victim shall prove that harm to property was done thereof road accident, having reported results of independent examination.

Chapter 2. Procedure of direct settlement

4. In case of loss occurrence the injured (beneficiary) of the road accident where harm was done to the vehicle or property addresses the direct insurer. At the same time the victim sends to the direct insurer the notice on the road accident together with necessary documents, stipulated in Item 2 articles 23 of the Law.

5. The direct insurer enters data in the automated information center according to the procedure, established in Regulations on procedure for creation, functioning of the automated information center and use of the database on compulsory insurance of civil responsibility of owners of vehicles, No. approved by the order of the Government of the Kyrgyz Republic of May 19, 2020 257, about person whose civil responsibility came owing to property tort of person recognized as the victim verifies data of the database with the data specified in the insurance policy. The direct insurer will organize survey of the damaged property of the victim and (or) independent examination within 10 working days from the date of receipt of the notification and provision of access to the damaged property.

In case of the consent of the injured (beneficiary) and the direct insurer with the extent of the caused damage, independent examination can not be carried out.

6. In case of observance of all necessary requirements specified in Item 2 of Chapter of 1 this provision, the direct insurer qualifies the taken place event as insured event, informs on it the victim and shall perform insurance payment within 30 days from the moment of provision of necessary documents.

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